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Bombay High Court

RAJESH SAKALDEV YADAVversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Allowed To be withdrawn

Holding

The petition for lodging of a crime is not maintainable, and leave to withdraw was granted, resulting in the petition’s disposal.

Summary

The petitioner filed a writ petition seeking the lodging of a crime based on a complaint dated 22 August 2025. The High Court noted that, in light of the Supreme Court’s decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra (2026 SCC OnLine SC 798), such a petition is not maintainable. Consequently, the petitioner’s counsel requested permission to withdraw the petition. The Court granted leave to withdraw and disposed of the petition as withdrawn.

Issues considered

  • Whether a writ petition for the lodging of a crime is maintainable after the Supreme Court’s decision in Sujal Vishwas Attavar.
  • Whether the petitioner is entitled to leave to withdraw the petition.

Subjects

  • criminal procedure
  • writ petition
  • lodging of FIR
  • maintainability
  • withdrawal of petition

Judgment

                                   Sbw                                                17-WP-1641-2026.doc




                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CRIMINAL APPELLATE JURISDICTION

                                                     WRIT PETITION NO.1641 OF 2026

                              Rajesh Sakaldev Yadav                              … Petitioner

                                       V/s.

                              State of Maharashtra & Ors.                        … Respondents




                              Mr. Viral Rathod a/w Mrs. Shahjahan Vasaya, Mr. Akhilesh Angane i/by Mr.
                              Vishwatej Jadhav for the Petitioner.
                              Mr. Ajay Patil, APP, for the Respondent-State.


                                                               CORAM :     A. S. GADKARI AND
                                                                           KAMAL KHATA, JJ.
                                                                  DATE :   25th August, 2026

                              P.C.:-

                              1)              In view of the decision of the Supreme Court in the case of

                              Sujal Vishwas Attavar & Anr. vs. The State of Maharashtra & Ors. reported

                              in 2026 SCC OnLine SC 798, the present Petition for lodgment of a crime

                              on the basis of the complaint dated 22nd August, 2025 filed by the Petitioner

                              with the concerned Police Authority, is not maintainable.

                              2)              Learned Advocate for the Petitioner therefore seeks leave to

                              withdraw the Petition.




SANDHYA by
           Digitally signed
           SANDHYA
        BHAGU
                                                                                                            1/2
BHAGU   WADHWA
WADHWA Date: 2026.08.29
        09:52:26 +0530
     Sbw                                            17-WP-1641-2026.doc

2.1)          Leave granted.

3)            Disposed off as withdrawn.



           (KAMAL KHATA, J.)               (A.S. GADKARI, J.)




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